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Need Divorce from my wife & chid custody


03-Oct-2023 (In Divorce Law)
Hi . I am sadly married for last 6 years. And my daughter is 4 & half years old. I stay abroad and will be back to India permanently in few months. I was staying in India around 4 years back.My wife logged a fake police complaint against me for the domestic violence. No FIR was logged. I was told to submit a apology letter in the Police station. I didn't mentioned that it was my fault and mentioned that it was a mutual. Thereafter i moved abroad. My father in law is a very shrewd & cunning man . I need all the below things.Please let me know,if its possible & How ? 1)Divorce from my wife and don't want to pay her any compensation.She works with a MNC and earns around 70K per month. 2) Need Child Custody.This is the top priority.
Answers (3)

Answer #1
858 votes
Hi, the divorce proceedings shall be filed on the grounds of desertion ,mental and physical cruelty ..2) Since she is working and earning she is not entitled for maintenance ..3) The custody of child shall be filed under guardian and wards act ,
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Answer #2
584 votes
Hi sir, for this you have to file a divorce case before your wife file the same...and for maintenance you can proof her salary and her expenses..but only after she files 125 maintenance case against you...nd for child you can file a custody case....these family matters will file different-2 but you will get relief surely
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Answer #3
964 votes
Hello you can file the divorce on the grounds of cruelty by wife under section 13 Hindu marriage act, you will have to contest the domestic violence act case to prove innocence. you can file the case of custody of child court usually look for welfare of child in child custody cases. Since your wife is working and self sufficient you can deny any maintenance to her.
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